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California Divorce Laws

California Divorce Laws

 

Divorce laws in California allow for the dissolution of marriage based on several grounds. Couples may get divorced due to irreconcilable differences or an incurable mental illness.

The California law on divorce requires that couples first file for divorce. In California, divorce will only be granted when both parties are current residents of the state of California at the time of filing. In fact, that law applies in most states, as California cannot grant a divorce for residents of other states, as it does not have the authority to do so.

The husband and wife must be living separately in order to have a divorce granted, according to divorce law in California. The divorce law in California requires that couples have already begun to live separate lives, before a divorce will be granted. If you need legal advice and assistance, contact divorce lawyers.

 

Sueing For Adultery

Sueing For Adultery

In some jurisdictions, individuals may sue for adultery. In fact, they may be able to sue their spouse, as well as the person they committed adultery with. In most cases, individuals may sue for alienation of affection.
In addition to suing for alienation of affection, individuals may find that adultery is grounds for an uncontested divorce. In fact, some jurisdictions award the non cheating spouse with automatic spousal support, because the alienation of affection is treated as the cause of the dissolution of marriage.
However, there are some jurisdictions which do not allow lawsuits for adulterous acts. In addition, some states do not allow adulterous acts to influence divorce proceedings, including the grounds for divorce or spousal support payments.
 
  

5 Things You Didn’t Know About Divorce Laws

5 Things You Didn't Know About Divorce Laws

Divorce law is often one of the areas of law that prove to be quite extensive and most times quite confusing. The fact is that laws will change depending on the state, for it is the states that have jurisdiction over marital matters. 

Therefore, it is not uncommon that there will be aspects of divorce law, and the act of divorce in general, which are not generally known by most Americans. Even though it is an accepted fact that nearly 50% of marriages in the United States, there are still aspects of divorce laws that are not widely known. The following are six things that are not well known in regard to divorce law. If you need legal advice and assistance, contact divorce lawyers.

1. DIFFERENT DIVORCE TYPES – In broad considerations, there are three types of divorce that apply in the United States. The three types of no-fault divorce, at-fault divorce, and summary divorce. A no-fault divorce occurs when both spouses will not cite a particular cause or problem that has led to the divorce. The most common issue cited in such a case is "irreconcilable differences." 

An at-fault divorce is the opposite, in which one spouse will be accused of committing a certain action that led to the divorce proceedings. In most cases, this can involve adultery, criminal acts, alcohol or substance abuse, and abuse. However, not all states will recognize the at-fault divorce in accordance to their implemented divorce laws. A summary divorce is less common and is one that entails having met certain requirements and providing for facts about the divorce procedures that have been agreed upon before taking legal action. 

2. DIVORCE AND DIVORCE LAWS AROSE FROM THE PROTESTANT REFORMATION – In Western society, marriage was usually related to the Catholic faith, and all marriage issues were often times referred to in terms of how the Catholic faith viewed marriage. The Catholic faith does not recognize divorce or divorce law, for marriage is considered to be an eternal union. Therefore, when married by the Catholic Church, marriage is essentially without the possibility of dissolution. However, the Protestant Reformation would change views on marriage, for most Reformist opposed the idea of an eternal marriage. King Henry VII is often considered as history's first famous entity to engage in divorce proceedings, and did so which much controversy.

3. MANDATORY DIVORCE ORIENTATION – Though divorce rates in the United States continue to be at a steady 50%, the state of Utah has decided to take legislative action to try and remedy the common place of divorce. New divorce laws that were enacted in 2007 made it mandatory that all couples seeking divorce undertake a divorce orientation course prior to entering the legal process of divorce in the state. Though the new divorce law may not make it more difficult to obtain a divorce, it legally requires couples to seek an alternative to divorce in the hopes to reconsider and attempt to reconcile their relationship and marriage. 

4. REGARDLESS OF DIVORCE LAWS AND DO-IT-YOURSELF METHODS, DIVORCE COSTS ARE EXTREMELY HIGH – Divorce will always be advised as the last possible option or solution when it comes to resolving marital problems or disputes. Aside from the legal requirements, divorce is bound to cause stress and frustration, often times greater than those caused by the actual marital problems themselves. Furthermore, divorce is not a cheap procedure. Studies and research has shown that the average costs for a typical divorce will be about $53,000. 

Regardless of the different divorce laws that exist, the fact is that the costs involving a divorce, particularly lawyer fees, marriage counseling prior to divorce, moving costs, and separation of assets and liabilities, will be quite high. For this reason, it is recommended that ulterior methods be investigated and tried first prior to filing for divorce. 

5. CHILDREN CUSTODY LAWS – One difficult aspect of divorce occurs when children are involved. The fact is that even though the divorce will prove to be trying for the couple, it is usually the children that will tend to suffer the worst as result of the separation. Child custody laws vary from state to state, though statistics shows that nearly 90% of children custody battles are ruled in favor of women. 

Child custody laws often the issue of debate in the United States by various groups. However, regardless of imposed divorce laws and how the affect people, it is the children involved in divorce proceedings that have proven to be more damaged as a result than the separating parents. 

 

Understanding Reasons for Terminating Guardianship

Understanding Reasons for Terminating Guardianship

 

Legal guardianship can be terminated, such as may be required for a variety of reasons and in a number of different kinds of circumstances, according to the submission of a petition to this effect, either by the current or by an earlier guardian. In regard to the latter category, guardianship termination may thus be sought as a means of reclaiming parental rights by the biological parent of the minor involved in the case. 

 

To this end, family courts will administer proceedings to determine if legal guardianship should be shifted from the individual temporarily designated for this function back to the parent. A petition to terminate legal guardianship will accordingly list such necessary items of information as the name and birth date of the minor affected the nature of the applicant’s relationship to him or her, and the rationale for termination of current legal guardianship rights as to the minor in the case.

Uncontested Divorce Overview

Uncontested Divorce Overview

There are many types of , an uncontested divorce is the most common type. By taking part in an uncontested divorce, couples strive to reach agreements on all aspects of a divorce with the absence of . If individuals choose to have for an uncontested divorce, the may only represent one spouse; a divorce lawyer may neither represent nor offer advice to both spouses. 
However, it is not necessary for both parties to have legal representation, unless they cannot come to an agreement or are unable to negotiate all of the details in their divorce agreement. In fact, neither spouse has to have a lawyer if they can come to an agreement by working together. However, it never hurts to have a lawyer review the documents before they are presented to the judge for approval. Lawyers may think of things that the couple could have left out of their divorce agreement inadvertently.
Uncontested divorces can be finalized at a more rapid rate than contested divorces. Primarily, there exists no need for the couples to take part in any court proceedings. In addition, couples can save money if they do not require legal representation. However, some couples may have a family law service help them fill out all paperwork and write their divorce agreement. In some cases, family law services are legal professionals, but not lawyers. 
In either case, uncontested divorces tend to be much cheaper than ; there is much less time spent on a no contest divorce. In addition to avoiding court proceedings, the couple can generally avoid battles between lawyers because they have agreed to attempt resolution on there own. In fact,  a no contest divorce offers spouses the chance to maintain a relationship with low conflict. Whereas contested divorces often involve large levels of conflict, often aggravated by court proceedings and the stress associated with it.
A no contest divorce can offer couples the opportunity to work together to come to a resolution that benefits both parties. In addition, couples in a no contest divorce can also work together to make decisions that will benefit any children. In fact, parents that maintain low conflict levels through an uncontested divorce, will be more likely to work in tandem to raise their children in the best manner possible. 
Couples should remember what effect their conflict can have on their children. Ideally, benefit from no contest divorce settlements; this spares them from both parents continuing to fight over all of the small details in a divorce agreement. In the end, that reduction in stress and conflict can help ensure a better outcome for all members of the family, and the family as a whole.

What You Need To Know About Divorce Law

What You Need To Know About Divorce Law

Child Custody

When a couple, either separately or collectively, make a decision to file for divorce, there exist many subsequent implications and consequences, both emotional and legal. These issues are both heightened if the marriage produced a child. 

As a result, the individual opinions and sentiments of the parents involved must fall to the wayside in order to serve the best interest of the child. If the parents in question have maintained an amicable and respectful relationship, oftentimes they may be able to structure a parenting plan that is tailored to provide their child with the most stable, healthy, and structured lifestyle possible. 

However, in certain cases, the parents in question are involved in a hostile relationship. Not only is this hostility antithetical for the brevity of the custodial process, but also for the well-being of their children. In cases like this, parents must resign the decision regarding the establishment of a parenting plan to a court ruling.

Child Support

After a parenting plan has been established, and custody has been awarded, both parents involved must adhere to rules and guidelines set forth in the custodial settlement. In the event that a parent has been awarded sole custody , whether it be legal, physical, or both, the non-custodial parent is responsible to give the custodial parent funding in order to assist the raising of the child. Although a child support plan can be established solely between the two parents, many times, especially in the case of a hostile relationship, a court will mandate the terms of child support payments. 

Child support payments can be used to fund countless endeavors, such as college tuition, health care, or any other various activities. In the event that a parent retains sole legal custody over a child, they are entitled to determine how the money is disbursed within the life of the child in question. Yet, other parameters can be set in the allotment of monies paid for child support.

Annulment

In the First Amendment to the Constitution, religious freedom is granted to every citizen of the United States. Many historians contend that the establishment of this amendment was a means to prevent the United States from become a theocracy, rather than a democracy. 

As a result of the democratic government, under which the United States are ruled, legislation, not religious doctrine or factions, are responsible for both the creation, as well as the enforcement of laws. When a married couple chooses to terminate their marriage, they must file for divorce in a legally recognized court. However, those couples who choose to live their lives according to Catholic Canon may choose to file for a church sanctioned divorce, as well

Child Visitation

During a child custody settlement, should the presence of a certain parent cause chaos, emotional trauma, or risk in a child’s life, the family court retains the right to either prevent or limit that parent’s presence in the life of a child. However, if the courthostile environment, oftentimes a court ruling will be the only means to establishing a custodial arrangement. However, once a custodial arrangement is set forth, it is very difficult to alter unless there exists pressing circumstances.

General Divorce

The act of terminating a marriage can present emotionally-charged sentiments in which each divorcee might find themselves in the midst of turmoil. Although the decision to file for divorce may be a difficult one rife with sentimental, emotional, and challenging properties, should both members of the couple agree to go through with a divorce settlement, that is usually an indication that the correct decision was made. 

However, if a couple can neither agree on their respective recollection of past events that led to the divorce, nor a fair and even disbursement of collective property, court hearings are necessary. As a result, methodology have been established in various fields of common law in order to pass judgement over the couple in question, providing them with the most brief and painless process possible. Mediation by an objective third-party is a viable option to explore in the event that the the couple can no longer communicate in a healthy, respectful manner.

Alimony

In the event that a prenuptial agreement was not signed, or a previously-arranged monetary agreement was established, the wealthier individual in a divorced couple may be required to reimburse the other individual in the event of a divorce settlement. Akin to a child support settlement, certain terms and agreements can be instituted, which provide for a framework of payment options and details, both privately established or through litigation. Once alimony is established, there exist multiple types of alimony payments, ranging from short-term to long-term. 

Other types of alimony differ in nature, sometimes commensurate on the length of the marriage, and other times in retribution to certain events that took place within the scope of the marriage. Even the duration of the alimony payment is taken into consideration, ranging from a temporary to permanent status. Although no alimony settlement in set in stone, modifications to the settlement itself are often very complicated, and usually result in subsequent court hearings.

If you need legal advice and assistance, contact divorce lawyers.

 

Colorado Divorce Court

Colorado Divorce CourtIn accordance to Colorado divorce laws, a divorce attorney or lawyer is not required in order to enter litigation in a Colorado divorce court. Generally speaking, couples seeking to bring the dissolution of a marriage before a Colorado divorce court can do so without any legal assistance. However, because divorce proceedings can often times be complex and cause stress, it is recommended that an attorney be employed to assist through the divorce process. Furthermore, situations involving child custody and the division of assets will be subject to applicable Colorado divorce laws, and thus, will have to be considered in such legal procedures. A divorce attorney can help with the overall process, particularly in such complex legal issues, even though it is not legally required by Colorado divorce laws.

Process to Annulment

Process to Annulment

What is an Annulment?
An annulment is a legal procedure undertaken by married individuals to denounce that their marriage never took place. The annulment process declares a marriage null and void; it is held in contrast to a divorce which recognizes that a marriage at one time took place. An annulment is therefore retroactive; an annulled marriage is considered to be invalid from the onset of the marriage.
A marriage is in essence a contract. Two individuals agree to the stipulations that the marriage enforces, and through this agreement, are connected in the eyes of the particular state government where the marriage took place. An annulment, as a result of its retroactive status, takes the contract and deems it void, which in turn rules the wedding as null.
Valid Reasons for an Annulment

There are two basic forms of annulment: an annulment in a Catholic Church and a civil annulment that is instituted by a local court system. The qualifications of a civil annulment will vary based on state, but there are several common grounds which will deem a marriage null and void. 
The basic reasons that will deliver a declaration of nullity are: if the marriage was entered into by one party through force, a threat, fraud, intoxication, or the concealment of vital information, such as the presence of children. An annulment will also be granted if one of the parties was underage at the time the marriage took place, or if the couple is closely related.
Legal Process

In the majority of states, the universal petition form used for divorce is also used to declare a marriage null and void. For an annulment, an individual simply checks the box for nullity rather than dissolution or divorce. These forms are obtained through your state or jurisdiction’s Family Law Division or county court.
The petition must be filed in the county of your residency, even if the marriage took place in another state. Similar to a divorce, there are filing fees attached to the submission of an annulment application. Typically annulments are mutual, meaning both parties will agree to declare the marriage void; however, if one party contests the initiation of an annulment, a hearing will be scheduled where both parties will present evidence to the state. 
The state will in turn review the facts of the marriage (how it was commenced and under what pretenses it was agreed upon) and base the delivery of the annulment in relation to the qualifications which can legally declare the marriage null and void.
Catholic Annulment

The Catholic Church possesses strict rules about marriage that explicitly impede the ability to allow for remarriage. Catholics, to receive an annulment, must submit themselves to an annulment process if they wish to have a second marriage recognized by the Church. An annulment will be granted by the Catholic Church if the institution finds that the marriage was entered into without discretion, or without legitimate intentions to procreate, stay together until death, or remain faithful.